Common use of DELIVERY AND RELEASE Clause in Contracts

DELIVERY AND RELEASE. 10.1. Carbogen shall Deliver Product ordered under Article 8 in the quantities agreed and under the common understanding by the Parties that it is of the essence to Ascendis that Carbogen observes Delivery Dates and that Product Delivered under this Agreement is of the agreed quality and Specifications. 10.2. Carbogen bears the responsibility towards Ascendis that the required conditions for storage of the Product, as defined in the Quality Agreement, are fulfilled until Delivery thereof to Ascendis or its designee. 10.3. Product shall be delivered to Ascendis or its designee [***] according to Incoterms 2010. 10.4. Carbogen shall no later than [***] prior to the confirmed Delivery Date forward the Release Documentation for Ascendis to review. Following receipt of the Release Documentation, Final Release shall be performed by Ascendis’ Qualified Person within [***], such Final Release not to be unreasonably withheld or delayed. Delivery is subject to Final Release. 10.5. Any delay in delivery of the Product and/or Release Documentation shall be notified to Ascendis no later than [***] after the delay has become apparent to Carbogen, including a description of the cause. Carbogen shall [***] solve the issues and shall confirm a new Delivery Date to Ascendis as soon as possible. 10.6. If Ascendis finds that the Release Documentation does not comply with the Specifications or with any other requirement under this Agreement, Ascendis shall notify Carbogen in writing of Ascendis’ observations with respect to the non-compliance without undue delay after receipt of such documentation, provided that failure by Ascendis to do so shall not imply any loss of rights or remedy for Ascendis under this Agreement or at law. 10.7. Carbogen will store and insure Product [***] for a period of [***] following the date of release. Beyond this time frame and upon Ascendis’ written request Carbogen shall store released Product for a period of up to [***] and [***].

DELIVERY AND RELEASE. 10.1. Carbogen shall Deliver Product ordered under Article 8 in the quantities agreed and under the common understanding by the Parties that it is of the essence to Ascendis that Carbogen observes Delivery Dates and that Product Delivered under this Agreement is of the agreed quality and Specifications. 10.2. Carbogen bears the responsibility towards Ascendis that the any required conditions for storage of the Product, as defined in the Quality Agreement, Product are fulfilled until Delivery thereof to Ascendis or its designee. 10.3. Product shall be delivered to Ascendis or its designee [***] according to Incoterms 20102010 in the Master Batch Record. 10.4. Carbogen shall no later than [***] prior to the confirmed Delivery Date forward the Release Documentation for Ascendis to review. Following receipt of the Release Documentation, Final Release shall be performed by Ascendis’ Qualified Person within [***], such Final Release not to be unreasonably withheld or delayed. Delivery is subject to Final Release. 10.5. During the Starting Period, the time limit of [***] stated in Section 10.4 shall be [***]. 10.6. Any delay in delivery of the Product and/or Release Documentation shall be notified to Ascendis no later than [***] after the delay has become apparent to Carbogen, including a description of the cause. Carbogen shall [***] solve the issues and shall confirm a new Delivery Date to Ascendis as soon as possible. 10.610.7. If Ascendis finds that the Release Documentation does not comply with the Specifications or with any other requirement under this Agreement, Ascendis shall notify Carbogen in writing of Ascendis’ observations with respect to the non-compliance without undue delay after receipt of such documentation, provided that failure by Ascendis to do so shall not imply any loss of rights or remedy for Ascendis under this Agreement or at law. 10.710.8. Carbogen will shall upon Ascendis’ written request store and insure released Product [***] for a period of [***] following ]. Requests for storage beyond the date of releasecurrent dedicated storage capacity are contingent upon Ascendis giving Carbogen reasonable notice. Beyond this time frame and upon Ascendis’ written request Carbogen shall store released Product for a period of up to [***] and [***].

DELIVERY AND RELEASE. 10.1. Carbogen NOF shall Deliver deliver Product ordered under Article 8 in the quantities agreed and under the common understanding by the Parties that it is of the essence to Ascendis that Carbogen NOF observes Delivery Dates and that Product Delivered delivered under this Agreement is of in accordance with the agreed quality Specifications and Specificationsthe Quality Agreement. 10.2. Carbogen Delivery of a quantity of Product within [***] of the ordered quantity shall be deemed acceptable, and Ascendis shall pay for the delivered quantity. 10.3. NOF bears the responsibility towards Ascendis that the any required conditions for storage and transportation of the Product, Product as defined specified in the Quality Agreement, Agreement are fulfilled until Delivery thereof to Ascendis or its designee. 10.310.4. Product shall be delivered to Ascendis or its designee [***] according to Incoterms 2010., packed in accordance with the requirements set out in the Quality Agreement, at either the address of 10.4a) [***], or b) [***], or c) such other address as Ascendis may specify in writing 10.5. Carbogen NOF shall no later than [***] prior to the confirmed Delivery Date forward the Release Documentation for Ascendis to review. Following receipt of the Release Documentation, Final Release shall be performed by Ascendis’ Qualified Person within [***]Person, such Final Release not to be unreasonably withheld or delayedwithheld. Delivery is subject to Final ReleaseRelease except in the event that Ascendis requests for shipment in Quarantine (as defined in the Quality Agreement). 10.510.6. NOF shall deliver on the confirmed Delivery Date as set forth in Article 9.5, or no later than [***] after receiving notification of Final Release, whichever is later. 10.7. Any delay in delivery of the Product and/or Release Documentation shall be notified to Ascendis no later than [***] after the delay has become apparent to CarbogenNOF, including a description of the cause. Carbogen NOF shall [***] solve the issues and shall confirm a new Delivery Date to Ascendis as soon as possible. 10.610.8. If Ascendis finds that the Release Documentation does not comply with the Specifications or with any other requirement under this Agreement, Ascendis shall notify Carbogen NOF in writing of Ascendis’ observations with respect to the non-compliance without undue delay after receipt of such documentation, provided that failure by Ascendis to do so shall not imply any loss of rights or remedy for Ascendis under this Agreement or at law. 10.7. Carbogen will store and insure Product [***] for a period of [***] following the date of release. Beyond this time frame and upon Ascendis’ written request Carbogen shall store released Product for a period of up to [***] and [***].

DELIVERY AND RELEASE. 10.1. Carbogen NOF shall Deliver deliver Product ordered under Article 8 in the quantities agreed and under the common understanding by the Parties that it is of the essence to Ascendis that Carbogen NOF observes Delivery Dates and that Product Delivered delivered under this Agreement is of in accordance with the agreed quality Specifications and Specifications.the Quality Agreement 10.2. Carbogen NOF bears the responsibility towards Ascendis that the any required conditions for storage and transportation of the Product, Product as defined specified in the Quality Agreement, Agreement are fulfilled until Delivery thereof to Ascendis or its designee. 10.3. Product shall be delivered to Ascendis or its designee [***] according to Incoterms 2010., packed in accordance with the requirements set out in the Quality Agreement , at either the address of a) [***], or b) [***], or c) such other address as Ascendis may specify in writing 10.4. Carbogen NOF shall no later than [***] prior to the confirmed Delivery Date forward the Release Documentation for Ascendis to review. Following receipt of the Release Documentation, Final Release shall be performed by Ascendis’ Qualified Person within [***]Person, such Final Release not to be unreasonably withheld or delayedwithheld. Delivery is subject to Final ReleaseRelease except in the event that Ascendis requests for shipment in Quarantine (as defined in the Quality Agreement). 10.5. Provided Ascendis has delivered [***] in the required amounts in due time, NOF shall deliver [***]. 10.6. Any delay in delivery of the Product and/or Release Documentation shall be notified to Ascendis no later than [***] after the delay has become apparent to CarbogenNOF, including a description of the cause. Carbogen NOF shall [***] solve the issues and shall confirm a new Delivery Date to Ascendis as soon as possible. 10.610.7. If Ascendis finds that the Release Documentation does not comply with the Specifications or with any other requirement under this Agreement, Ascendis shall notify Carbogen NOF in writing of Ascendis’ observations with respect to the non-compliance without undue delay after receipt of such documentation, provided that failure by Ascendis to do so shall not imply any loss of rights or remedy for Ascendis under this Agreement or at law. 10.7. Carbogen will store and insure Product [***] for a period of [***] following the date of release. Beyond this time frame and upon Ascendis’ written request Carbogen shall store released Product for a period of up to [***] and [***].